American Bank & Trust Co. v. Intermodulex NDH Corp.

OPINION OF THE COURT

Arnold Guy Fraiman, J.

This is a motion by plaintiff American Bank and Trust Company (ABT) by the Federal Deposit Insurance Corporation (FDIC) as receiver, and the FDIC individually, for an order pursuant to CPLR 3211 (subd [a], par 7; subd [b]) dismissing the first and second affirmative defenses and the three counterclaims contained in defendant’s answer.

By its complaint ABT seeks to recover $200,000 on a promissory note which defendant admittedly executed and delivered to ABT on or about August 19, 1976. It is conceded by defendant that it thereafter defaulted on the…